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WINDY CITY TIMES
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NCLR challenges law firm's refusal to provide benefits to same-sex widow
News posted Sept. 23, 2011
2011-09-28
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This article shared 4010 times since Wed Sep 28, 2011
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The National Center for Lesbian Rights ( NCLR ) has filed a federal brief in Pennsylvania Sept. 22, arguing that private employers cannot hide behind the federal Defense of Marriage Act ( DOMA ) to justify discriminating against same-sex spouses in private benefits plans, according to a press release.
NCLR is representing Jennifer Tobits, the widow of Sarah "Ellyn" Farley. Farley's parents have challenged the couple's marriage and are seeking death benefits provided by Ellyn's employer, the law firm Cozen O'Connor P.C.
"Cozen O'Connor cannot hide behind DOMA to justify its discrimination. DOMA does not require private employers to discriminate when they set the terms of their own benefits," said NCLR Legal Director Shannon Minter. "Federal law requires employers to give certain protections to different-sex spouses, but it doesn't prohibit employers from offering those protections to same-sex spouses as well. A marriage is a marriage, and Cozen O'Connor can and should respect the spouses of all employees equally."
Windy City Times has reported on the case. Tobits told WCT in an Aug. 17 article that "Ellyn was the love of my life. No one should have to experience the pain of losing the person who means the most to you, only to face a shocking and hostile challenge to your marriageyour commitment, your life together, and everything you built as a couple."
Tobits claims that Farley's parents pressured their dying daughter to designated them as beneficiaries just before she died. However, the law firm that Farley worked for, Cozen O'Connor, stated that the beneficiary form lacks Tobits signature which is required when a legal spouse wishes to release his or her claim to their money. According to NCLR, the designation is invalid both because it was signed under duress and because Tobits did not sign the form, which is required by the plan in order for the designation of a beneficiary other than a spouse to be valid. |
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This article shared 4010 times since Wed Sep 28, 2011
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